IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No. 1487/2016 BETWEEN:
Sri Rajiv Vijayasarathy Ratnam Aged about 39 years S/o Prof. R.K. Vijayasarathy No.1619, Vaishnavi, 5th ‘B’ Cross BSK 1st Stage, 2nd Block Bangalore - 560050.
…Petitioner (By Sri Rajiv Vijayasarathy Ratnam – petitioner (Party-in-person)) AND:
Smt. Savitha Seetharam Aged about 37 years D/o S.K. Seetharamu No. 48, Mathru Sadanam 10th Main, 16th Cross Malleswaram Bangalore – 560055.
...Respondent (By Sri Abhinav, Advocate for Respondent) This Criminal petition is filed under Section 482 of Cr.P.C. by party-in-person praying to find it expedient in the interest of justice to conduct a preliminary enquiry and initiate proceedings for perjury against the accused named above for offences P/U/S 191, 193, 196, 199, 200 and 209 of the IPC in accordance with Sec. 340 r/w 195(1)(b) of the Cr.P.C and impose exemplary costs upon the accused.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Heard the petitioner-party-in-person and learned counsel appearing for respondent.
2. Petitioner has sought action against the respondent for perjury under Sections 191, 193, 196, 199, 200 and 209 of IPC in accordance with Section 340 read with Section 195(1)(B) of Cr.P.C.
3. According to the complainant, the alleged perjury was committed by the respondent in a proceedings before this Court in MFA.No.137/2015.
4. As per Section 340 of Cr.P.C. action for perjury could be initiated on the application made to the Court in respect of offences referred to in Clause (B) of sub-section(1) of Section 195 which appears to have been committed or in relation to a proceeding in that Court or, as the case may be, in respect of the document produced or given in evidence in a proceeding in that Court where the alleged perjury has taken place. In view of this provision, application under Section 340 could be filed in that Court wherein perjury has been committed that is, in MFA.No.137/2015.
5. Hence the petitioner is directed to take return of the petition or to submit a fresh application before the concerned Court in accordance with Section 340 of Cr.P.C.
6. All the factual and legal contentions urged by the parties are left open.
7. For statistical purpose, this petition is closed.
Sd/- JUDGE *alb/-. Ct:b